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To: Red Badger

Umm…IIRC, I think you have to be impeached, tried, and convicted before Clause 3 of the 14th Amendment takes effect. It’s the tried and convicted by the Senate part that is doubtful.

Rep. Adam Shifft (sp) (D-CA) has talked about a referral to the Department of Justice for some sort of criminal indictment and prosecution, but nothing of the specifics has come out. Rumor has it that there is no evidence that would support a convection under existing law.

The amendment and clause are supposed to be enforced by Congress, not the courts. So a conviction would still have to be brought before Congress as evidence of disqualifying conduct that would then require congressional action to actually invoke the disqualification clause of the amendment.

It’s murky because the clause has not been used that much since it was adopted after the Civil War.

https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution


56 posted on 07/20/2022 10:30:13 AM PDT by Captain Rhino (Determined effort today forges tomorrow.)
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To: Captain Rhino

It would take years for all of that to play out in the courts.

It would be my guess that this whole charade is to make Trump yell ‘UNCLE’ and agree to not ever run again, or face a constant barrage of legal problems that would eventually bankrupt him...............................


57 posted on 07/20/2022 10:36:14 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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